A living will is a document that allows you to express your wishes for medical treatment if you become incapable of making decisions about your medical treatment due to illness or injury. In New York City estate planning, this document helps ensure that your health care wishes are known and followed. An experienced estate planning lawyer can help you draft a living will that meets New York estate laws and provides guidance to your health care providers and loved ones.
In addition to a living will, many people create a power of attorney and other health care directives to make health care and financial decisions easier in case of incapacity. A power of attorney allows you to appoint an agent to handle legal and financial matters, while a durable power of attorney remains in effect even if you become incapacitated.
What is a Living Will Under New York Law?
Under the Patient Self-Determination Act, federal law requires health care facilities to inform patients about their right to create advance directives such as a living will. While New York estate law does not have a standard living will form, courts recognize these documents as legally binding if they provide clear and convincing evidence of your intentions.
A living will and a health care proxy are often used together. While a living will specifies your health care wishes, a care proxy and a living will ensure a trusted individual can make medical decisions for you if needed.
Living Will vs. Health Care Proxy
- A living will is a document that outlines your wishes for medical treatment
- A health care proxy appoints an agent to make decisions on your behalf
- A power of attorney is often used to handle financial matters
By working with an estate planning lawyer, you can ensure your living will and other estate planning documents reflect your needs and preferences.
Who Should Create a Living Will in the State of New York?
Anyone in New York City living with concerns about life sustaining treatment decisions should consider drafting a living will. This is especially important for:
- Older adults planning for estate planning and wills
- Individuals with chronic illnesses
- Those undergoing major surgeries
- People who may or may not want aggressive medical intervention
If you need help creating a living will, an experienced New York City estate planning attorney can guide you through the process and ensure that your wishes are followed under New York State law.
Essential Components of a Living Will
Medical Treatment Preferences
Your living will should include the following:
- Whether you wish to be kept alive using a feeding tube
- Your stance on life sustaining treatment
- Specific medical treatments you may or may not want
- Your preferences regarding organ donation
Powers Granted to Your Agent
A power of attorney allows you to appoint an agent to act on your behalf. A durable power of attorney ensures that your designated agent remains in effect even if you become incapacitated. Your agent will:
- Make decisions based on your written instructions
- Ensure your health care choices align with your documented health care wishes
- Make medical decisions if you are unable to speak
Your living will must be witnessed by two adults to be legally valid.
Steps to Create a Valid Living Will
Meeting Legal Requirements
A legally valid New York estate living will requires:
- A written statement of your wishes for medical treatment
- Your signature
- Two adult witnesses who are not named in the document
Ensuring Enforceability
To ensure that your living will is recognized by estate planning attorneys in New York, it should:
- Use precise language to meet the clear and convincing standard
- Be reviewed regularly to reflect any changes in your health care directives
- Be kept accessible to your health care providers, family, and planning attorneys in New York
Living Will vs. Power of Attorney
A living will is a document that outlines your medical preferences, while a power of attorney allows you to appoint an agent to handle legal or financial affairs. The power of attorney is often paired with a health care proxy to provide a complete plan for incapacity.
By consulting an attorney of law who specializes in New York City estate planning, you can create a legally sound living will and a health care proxy to protect your interests.
Maintaining and Updating Your Living Will
When to Review Your Living Will
You should periodically review your estate planning documents, especially after:
- Major life events
- New medical diagnoses
- Changes in estate planning and wills laws
Making Changes
If you wish to update your living will:
- Sign a statement revoking the previous version
- Destroy old copies
- Distribute the new version to your health care providers
Storing Your Living Will
Copies of your living will should be kept with:
- Your estate planning attorney
- Your New York City estate planning attorney
- Your agent to make decisions
- Your primary care provider
Knowing that your wishes will be known and wishes are followed can bring peace of mind.
Final Considerations
If you need help creating a living will, an estate planning lawyer can guide you through the process. The law offices of an experienced New York City estate planning attorney can help you draft a document that remains in effect and protects your best interests.
A durable power of attorney and estate planning and wills strategy can further ensure that your wishes are honored. Discuss your estate with a qualified attorney today to protect your future.
Take advantage of a consultation with a New York estate planning expert, like Glenn Busch, to ensure your health care choices and legal documents align with your needs.